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THE UNION OF THE DEMOCRACY— RESOLUTIONS OF '98. 



SPEECH 



HON. N. S. TOWNSHEND, OF OHIO, 



DELIVERED 



m THE HOUSE OF REPRESENTATIVES, MARCH 17, 1852. 



The HoMse having resolved itself into the Committee of 
the Whole on the state of the Union, (Mr. Meaue, of Vir- 
ginia, in the chair,) &e. — 

Mr. TOWNSHEJ^D said: 

Mr. Chairman; I desire to avail myself of the 
latitude of debate usually tolerated in this com- 
mittee, to present what I conceive to be the true 
method to secui-e the pacification of the country in 
general, and of the Democratic party in particu- 
lar. 
* 'The action of the last Congress on the series 
of measures known as the compromises; the ef- 
forts made to secure their indorsement by both 
party caucuses at the beginning- of the present 
riession— and subsequently in this House and in 
the Senate; tlie resolutions adopted by the Legis- 
latures of several States, and the avowed opinions 
of several presidential candidates prove, beyond 
the possibility of doubt, that slavery, in some 
i'orm or other, either rightfully or wrongfully, is, 
in fact, the great question nov/ before the country. 
it occasions more strife, both sectional and per- 
sonal, has more to do with the selection of our 
public officers, and interferes more with the legit- 
f.mate business of Congress, than all other political 
questions put together. 

In view of this, I ask, in seriousness, the ques- 
tion. What has Congress to do with slavery? 

For an answer to the question I shall not intrude 
upon the committee my own opinions, hut refer 
directly to the authorized creed of the Democratic 
party — the Baltimore platform: 

" Resolved., That Congress has no power under the Con- 
Flitution to interfere with or control the domestic institu- 
tions of the several States, and that such States are the sole 
and proper ju(!c;<"s of ever} tiling appertaining to their own 
aifairs, not prohibited by the Constitution," &c. 

With this doctrine, the platform of the Ohio 
Democracy agrees. After asserting that slavery 
is an evil, &c., it says; 

" But be it further resolccil, That the Democracy of Ohio , 
ilo at the same time fully recognize the doctrine held by the 
early fathers of the Republic, and still maintained by the 
Democratic party in all the States, that to each State be- 
?oug3 the right to adopt and modify its ov»n municipal laws, 
to regulate its own internal affair's, and to hold and main- 
tain .an equal and independent sovereignty witli ear-li and 
«very other State, and that upon these'rights the National 
Legislature can neither legislate ncr encroach." 



So well settled is this position, that it is in- 
dorsed also by the Buffalo platform of 1848, as 
follows; 

"Resolved, That slavery in the several States of thia 
Union that recognize its existence, depends upon State lan-a 
alone, Vi-hich cannot be repealed or modified by the Federal 
Government, and for whicli that Government is not respon- 
sible ; we, therefore, propose no iiiterferenee by Congress 
with slavery vvitliin the limits of any State." 

These resolutions all agree in declaring slavery 
to be a State, and not a National institution; they 
all assert it to be under the sole control of the 
States where it exists, and therefore not a subject 
for national legislation. 

I come now to a second inquiry. If Congress 
has no power granted by the Constitution "over 
slavery, by what right has Congress been legis- 
lating in reference to it, and what propriety is 
there in bringing the subject continiuilly before 
Congress.' On this point, the Baltimore platform 
is equally explicit. The remainder of the resolu- 
tion, of which I have already read a part, is as 
follows: 

" And that all efforts of the Abolitionists, or otiieuu, 
made to induce Congress to interfere with questions of 
slavery, or to take incipient steps in relation thereto, are 
calculated to lead to tlie most alarming and dangerous con- 
sequences; and that all such etiiirts have an" inevitable 
tendency to diminish the happiness of the people, and en- 
danger the stability and permanency of the Union, and ought 
not to be countenanced by any friend of our political institu- 
tions." 

It is plain enough, Mr. Chairman, that the con- 
vention that adopted thi^ resolution, or, at any 
rate, itsframers, supposed that Congress was liable 
to be disturbed by agitations of the slavery ques- 
tion, and solicitations to legislate on the subject 
coming from two opposite quarters; first, from the 
opponents of slavery, who are here called Aboli- 
tionists; and secondly, from the friends of slavery 
who come under the general description of " oth- 
ers." The opponents of slavery seem to be sus- 
pected of wishing Congress to interfere with sla- 
very in the States, and the friends of slavery, on 
the other hand, of desiring Cong, ess to legislate in 
its behalf, or for its extension beyond State limita. 
From whatever quarter agitations might come, or 
efforts to induce Congress to legislate on the sub- 
ject, such efforts, according to the Baltimore plat- 






form, are greatly to be deprecated, and ought to 
be discountenanced. 

1 propose now to inquire, from which side these 
instigations to national interference have come, and 
whether the friends of slavery or its opponents are 
to blame for the consequent disturbance of the pub- 
lic harmony. 

The law of 1793— the first example of national 
legislation on the subject— was pa.ssed at the de- 
mand of the friends of slavery, to enable them to 
recapture their runaways with greater facility. 
This law not only gave national aid to a State 
institution, which is declared to be no concern of 
ours, but it was an unconstitutional assumption of 
power on the part of Congress, violating the gov- j 
ereignty of all the free States. | 

By another act of Congress, the General Gov- 
ernment became responsible for the existence of 
slavery in this District, and Congress has been 
legislating on the subject, for the District, more or 
less ever "since; and this, doubtless, to please the 
friends of slavery. 

At diflierent periods. North Carolina and Georgia 
made cessions of territory to the United States, 
out of which, Kentucky," Tennessee, Alabama, 
and Mississippi have been formed. Congress ac- 
cepted the cession of this territory with an express 
proviso — a sort of anti-Wilmot proviso — thatCon- 
gress should never abolish slavery there. Thus 
giving, at the desire of the friends of the system, a 
national, though unconstitutional guarantee for its 
security in those Territories. 

Louisiana and Florida were ceded to the United 
States by Franceand Spain. Thetreaties of cession 
required the United States to secure the blessings 
of liberty to all the inhahUants; yet Congress was 
induced to tolerate slavery there, forgetting, per- 
haps, that the National Government was framed 
for a nobler purpose than the protection of slave 
property. 

And subsequentlv, when California sought 
admission into the Union, with such a consti- 
tution as she had a right to adopt, because she 
preferred a free and homogeneous to a mixed pop- 
ulation, half free and half slave; because she pre- 
ferred a system that admits of unlimited progress, 
to that system which has brought such a Rip Van 
Winkle sleep on some of the slave States; because 
her sons chose by honorable labor to get an honest 
living, rather than to whip it out of other men; 
for this, and for no other reason that I know of, 
the friends of slavery resisted her admission. 
Who is responsible for the agitation growing out 
of that resistance? 

And finally, the friends of slavery claniored for, 
and secured tlie passage of the fugitive bill, which 
Congress had no right or authority to pass. In 
all these cases, and others I have not time to enu- 
merate, v/ho is responsible for " eflbrts to induce 
Congress to interfere with questions of slavery?" 

On the other hand, I have yet to learn where 
the opponents of slavery have demanded any un- 
constitutional interference with the system. They 
have petitioned for the abolition of slavery in this 
District; but this is simply asking of Congress to 
undo what it had no right to have done in the first 
place. The interference is on the part of those 
who gave slavery a legal sanction here; not on 
the part of those who sought its removal. 

The stoppage of the coastwise slave-trade has 
also been demanded; but before any petitions fur 



this object had been presented. Congress, by direct 
legislation, had taken this traffic under its protec- 
tion and regulation, prescribing all the details. 

Petitions have also been presented asking the 
prohibition of theinter-State slave-trade. But pre- 
vious to the presentation of these petitions de- 
mands had frequently been made on Congress for 
payment for slaves, and such claims are even now 
before this body. Is it strange that the opponents 
of the system, if compelled to recognize slaves as 
merchantable commodities, should ask to have the 
trade in such commodities regulated as other com- 
merce may be, or even prohibited as any other 
immoral and injurious traffic may be? 

The opponents of slavery also resisted the ad- 
mission of Missouri into the Union as a slave 
State. The terms on which this territory was 
ceded, if faithfully observed, would have excluded 
slavery. To give territory purchased by the com- 
mon treasure of the country up to slavery, is vir- 
tually to exclude every laboring freeman from its 
borders; they cannot live where labor is degraded 
by the presence of .slaves. 

When Oregon was about to have a territorial 
government, the opponents of slavery insisted on 
the adoption of the Jefiersonian proviso. They 
had been excluded from every foot of the territory 
acquired since the adoption of the Constitution, 
except the State of Iowa. They had some rights 
surely. But they insisted on the proviso for a still 
better reason — that the General Government had 
no right to tolerate slavery within its jurisdic- 
tion. 

We resisted, also, the provision in the acts es- 
tablishing territorial governments in New Mexico 
and Utah, by which it is said to be settled, that 
when these Territories are admitted as States they 
may come in with slavery if they please. Had the 
last Congress a right to say upon what terms a fu- 
ture Congress should admit new members into the 
Confederacy? Is not that a question for the States 
which may then constitute the Union to settle for 
themselves? The unconstitutional legislation on 
this subject, in advance of the time when any legis- 
lation was required, is another instance of the 
meddlesome interference of the friends of slavery. 

But the last and crowning iniquity is the pass- 
age of the fugitive bill. This was resisted, of 
course; and I^an assure gentlemen that there is 
no prospect of quiet for them, while such an act 
remains in the statute book. I do not propose to 
discuss its demerits at this time. I regard it as 
utterT^'and entirely unconstitutional. But had L-. 
time, I would read parts of the Kentucky and Vir- 
ginia resolution's oT17D8, "which cover the entire 
■question. I shall not hesitate to treat this fugitive 
'bill as Jeflerson and Madison treated the alien and 
sediiidii laws — as aijsolutely null and void.*^ 
-■Now, then, Mr." Chairman,! am prepared to 
rtssert that, according to my understanding of the 
Constitution, and from what I know of the history 
of the country, all the reprehensible agitation of 
the slavery question, and unconstitutional legisla- 
tion on the suliject, is chargeable to the friends of 
the system, and not upon its opponents. 

I now come to another question. What can be 
done to quiet the country in reference to this sub- 
ject? In my opinion, we shall not secure the re- 
sult either by passing compromise measures, orby 



* See the re.solutions at the end of the speech. 



indorsing or reindorsing them ; every indorsement 

beingonly a repetition of the outrage. Two things 
are required; first, that all existing unconstitutional 
legislation on the subject be iinniediately repealed, 
and then,tiiat the friends ofslavery, and all parties, 
keep witliin constitutional limits for the future. 
These are absolutely necessary, even to the begin- 
ning of harmony in the country. 

I have heard it said, that if the fugitive bill is 
repealed, or slavery abolished in this District, the 
South will dissolve the Union; but, gentlemen, 
that cry has been heard too often to make much 
impression upon the North. Coming from that 
quarter it is simply nonsense; for who does not 
know that the Union is infinitely more important to 
the slaveholders, than the slaveholders are to the 
Union. I tliink of this cry of dissolving the Union 
as I do of the boy's threat, who, because his 
mother would not suffer him to pinch the cat's tail 
when he pleased, declared he would go to the neigh- 
bors, where they had the measles, and catch the 
disease, and die, to spite her. [Laughter.] 

I now come to the question which, perhaps, in- 
terests us most. What must be done to secure the 
harmony of the Democratic party? Democrats 
throughout the country, I suppose, agree on cer- 
tain great and fundamental principles, while there 
may often be found among them some disagree- 
ment in their application; particularly on this 
question of slavery it is apparent enough there are 
great differences of opinion. What will you do r 
Will you adopt some stringent party test, and de- 
mand that all who are to be recognized as belong- 
ing to the party shall subscribe to it.? This plan 
would probaiily result in such a purging of the 
party as the gentleman from Georgia recom- 
mended; but I respectfully subrnit if it is not prob- 
able that the operation might result as in cholera 
cases, and the patient be afterwards found in a 
state of collapse.' If you undertake to exclude 
from the Democratic parly all those who, holding 
tlie great doctrines of the Democratic faith, dislike 
the institution of slavery, you will, I imagine, 
scarcely retain a corporal's giiard in some of the 
Slates. However, I will not venture to speak of 
States whose representatives are here to speak for 
themselves. 

But I believe the Democracy of Ohio intend to 
maintain the spirit of their own State platform, 
and will not quietly submit to an indorsement of 
the compromise measures, some of which are di- 
rectly hostile to our own avowed political creed. 
At three several Slate conventions, (the last held 
on the 6th day of August last,) a resolution was 
adopted preceding the one I read at the com- 
mencement of my remarks. It is as follows: | 

" Resolved, That the people ofOhionow, as thpy always ' 
have done, look upon slavery, in any part ol' tlie tftiion, as 
an evil, and unfavorable to tiiefull development, of thespirit 
and practical benefits of free institutions, and that, enter- 
tainini these sentiments, they will at all times feel it to be ; 
their duty to use all power clearly giveji them by the terms I 
of the national compact to prevent its increase, and to miti- j 
gate and finally eradicate the evil.-' | 

[f I understand the matter aright, some of these 
compromise measures are in direct opposition to 
the ofien expressed position of the Democracy of 
Ohio. The proviso respecting slavery in Utah 
and New Mexico is directly opposed to our de- 
termination to use all constitutional means for the 
limitation and final eradication of the system, and 
it is my conviction, if the Democratic party in the , 



Baltimore Convention adopts a resolution in- 
dorsing those compromise.s, the electoral vote of 
Ohio will not be given to the nominee of that con- 
vention. There may be differences of opinion on 
this point; but I think the position of the Ohio 
Democracy was honestly and deliberately taken, 
and I cannot .suppose they were so hypocritical as 
to avow doctrines and sentiments before the peo- 
ple, and then falsify them by their own ai-.tion. 

As an evidence that the people of Ohio will stand 
: up to the doctrine of the resolution I have read, I 
may allude to the fact, that of her iwoniy-tliree 
( representatives in Congress, including Senate and 
House, only four were found friendly to an attempt 
. to secure an indorsement of the compromise meas- 
>)res by this House. There are differences of 
opinion in Ohio, as that vote will show; for I take 
j it for granted that every one of my colleagues rep- 
[ resents the wishes of h'is constituents. 

I may also allude to another significant fact. 
The only Democratic mem!)ers who voted for the 
fugitive bill were left at home by their constituents, 
and are not members of the present Congress. 
: Mr. OLDS, (interrupting.) Will my colleague 
; allow me to say, in regard to Mr. Miller, one of 
i the gentlemen to whom he alludes, that the nomi- 
nation came off in his district before the pa.ssage 
of the fugitive bill? 

I Mr. TOWNSHEND. This may be so. 1 
i presume my colleague cannot be mistalcen. How- 
ever, it does not materially affect my statement, 
for every one knew perfectly well how Mr. Mil- 
ler would vote, if he voted at all. 

I may mention another significant fact, which I 
have seen noticed in some papers, and which, from 
personal knowledge,! believe to be correctly stated. 
At the Slate Democratic Convention on the 6th 
of August, before alluded to, a committee of twen- 
tj'-one, or one from each Congressional district, 
was appointed to present resolutions to the con- 
vention. One gentleman proposed a resolution 
indorsing the compromises, and supported his 
motion by a very able speech — indeed, the best I 
have ever heard in favor of such a course. But 
when the question was put to vote, but one solitary 
vote — that of the mover — was given in the affirm- 
ative. It is possible that sotne of the members 
of that commiltee may have been themselves in 
favor of considering these compromise measures 
as a settlement of a vexed question; but the fact 
that they did not choose to go into the State elec- 
tion with such a inillstone about their necks would 
indicate, I think, that there can be but little room 
for mistake respecting the sentiments of the people 
of Ohio. After rejectinglhecompromiseresolu ion, 
and adopting what I have read, the Democratic 
parly of Ohio received a much larger majority than 
it had ever before obtained. 

Mr. OLDS, (interrupting.) I wish to say a 
word with regard to the Auijust convention. I 
think I understand the Dennicracy of Ohio: and 
by their resolutions they merely wished to reaf- 
firm the resolutions of 1848, upon which they had 
carried the Slate for General Cass. And, sir, I 
believe the Democracy of that State stand now 
where they did when they carried that State for 
General Cass in 1848. I Iiave no doubt that if 
the question were submitted to them tn-day on 
sustaining the compromise measures, the Democ- 
racy of Ohio would vote to sustain these measures. 
True, they did not pass resolutions affirming or 



condemning, but those measures were understood 
as a finality by the people. And when my col- 
league says that we treat the fugitive law in Ohio 
as our fathers did the alien and sedition law, I 
hope he does not refer to the Democratic party. 
We are a law-abiding people, and until you re- 
peal that law, we shall abide by it. 

Mr. CABLE. I wish merely to say one word 
in reference to the point in controversy between 
my two colleagues. I can speak for my district 
alone, and so far as it is concerned the Democracy 
stand decidedly opposed to the fugitive slave law, 
and to the Utah and New Mexico bills. 

A Voice. And the Texas boundary bill. 

Mr. CABLE. Yes, and to the Texas boundary 
bill. 

Mr. TOWNSHEND. My colleague [Mr. 
Olds] says that the August convention simply re- 
affirmed the resolutions of 1848, upon which the 
State was carried for General Cass. This is not 
quite correct, for although the resolutions of 1851 
were first adopted in 1848, and again in 1850, the | 
convention of 1851 did not reaffirm in general I 
terms the resolutions of the platform of 1848, but | 
only adopted so much of that platform as had been j 
reaffirmed m 1850, which, in fact, was only the 
slavery resolution. 

In justice to the Democracy of Ohio, I ought 
also to say, v/hat at the moment had escaped my 
recollection: That still another Democratic State 
Convention, held as late as the 8th of January of 
the present year, has reiterated in full these reso- 
lutions on slavery. At this last convention, held 
since the commencement of the present session of 
Congress, the Democracy of our State have put 
forth an admirable platform, giving good evidence 
of the progress of free principles in the State; for 
while it shows a determination to do equal and 
exact justice at home, it expresses a proper ab- 
horrence of tyranny abroad. 

My colleague says the people of Ohio are a law- 
abiding people, and he wishes to relieve himself 
from all participation in such of my remarks as 
referred to the fugitive bill. 1 am of course will- 
ing that he should have the benefit of his dis- 
claimer; and I beg to say to the House that I too 
claim to be a law-abiding man; but I do not con- 
sider an unconstitutional enactment to be law, nor 
any enactment in palpable violation of the dictates 
of common justice or humanity. I am fully 
aware, Mr. Chairman, that there are difierences 
of opinion on these subjects among the Democrats 
of Ohio. I have not said that I represent the views 
of all he Democrats of the State; but what I do 
say is this, that while some Democrats in Oiiio 
will sustain the fugitive bill and agree to the com- 
promises generally, there are others all over the 
State, quite as radically Democratic, and even more 
reliably Democratic on all questions at issue be- 
tween the Whigs and Democrats, whose views, I 
think, I do not misrepresent when I say they are 
unalterably opposed to these cornpromise meas- 
ures. Of such I presume there areas many in tlie 
district I represent as in any other part of the State. 
What I desire is not to give the impression that 
we are all agreed, JUut admitting our disagreement 
to draw from that fact an argument against the 
intcod jction of any new party tests, the effect of 
which, as 1 have already said, would be to lose 
the electoral vote of the Slate for your presidential 
candidate. 



Mr. EDGERTON, (interrupting.) I suppose 
the gentleman is now also speaking for his district 
alone, and not for the State. 1 wish to understand 
distinctly whether my colleague speaks now for 
the whole State or for his own district.'' 

Mr. TOWNSHEND. At the moment of my 
colleague's question, 1 believe I Avas expressing 
simply my own opinion, without assuming to 
speak for any one else, and I repeat it in substance. 
If Democrats in the district I represent, and those 
Democrats in other parts of the State, whose views 
I represent, do not vote for a candidate put on a 
compromise platform, I give it as my opinion 
that he will not get the vote of the State. 

Mr. EDGERTON. I beg leave to say, as one 
of the representatives from the State of Oliio, that 
I dissent fronri the opinion of the gentleman. 

Mr. TOWNSHEND. I certainly do not wish 
my friend held responsible for any opinion I may 
think proper to express, though, perhaps, we are 
after all not so far asunder, for I think he voted 
with me, the other day, to keep these compromise 
measures from coming before the House. 

Mr. EDGERTON! Most assuredly 1 did. 

Mr. TOWNSHEND- And 1 have no doubt, 
Mr. Chairman, that my colleague, in that vote, 
faithfully reflected the will of his constituency, all 
of which goes to prove the correctness of my opin- 
ion that the compromise measures are not popular 
in Ohio, not even in that gentleman's district. 

Mr. HENN. I desire to ask the gentleman 
from Ohio, whether there are two Democratic par- 
ties in Ohio? — and whether the convention of which 
he has spoken, was a convention of the regular 
Democratic party ? 

Mr. TOWNSHEND. The convention that 
adopted the resolutions I have read, was the con- 
vention of the regular Democratic jiarty of the 
State. It was the same convention that nominated 
Reuben Wood for Governor. 

Mr. EDGERTON. Will my colleague allow 
me to interrupt him for a moment? I beg to say 
that there is but one Democratic party in Ohio, 
and there never was but one Democratic party 
in that Slate, and that party invariably supports 
the nominee of the National Democratic Conven- 
tion for the Presidency. And when you can show 
me a man in Ohio, a Democrat, who has voted 
against the regular nominee of that convention, I 
will show you a man who is not regarded as a true 
Democrat by the party of the State. H^e may be 
regarded as such in his district, but he is not in 
good standing with the Democratic parly of that 
Slate at larje. 

Mr. TOWNSHEND. Mr. Chairman, whether 
my colleague or myself is considered in Ohio as 
the belter Democrat, is, I presume, of little conse- 
quence to this House. For myself, I have only 
to say, that I shall faithfully represent my own 
convictions of duty and the wishes of my constit- 
uents. If this is incompatible with a standing 
in the party, I must submit to the loss of it. And 
I suggest to my colleague that neither is he called 
uponto speak for the whole Slate of Ohio; bul 
simply for his own district. 

Mr" GORMAN. Will the gentleman from Ohio 
allov/ me to ask him a question? Will he be kind 
enough to say for whom he voted, in 1848, for the 
Presidency? 

Mr. T0WNSH:END. I answer the gentleman 
with great pleasure. I voted for Martin Van Bu- 



ren, a good Democrat, and one who had often been 
thoroughly indorsed by the Democratic party. 
On one point I can, perhaps, say more than some 
of my Democratic friends: I have never voted for 
"Whigs." 

I have only a few words more that I care to say, 
and these could have been uttered some minutes 
since, had 1 not been interrupted. If union is ne- 
cessary to the success of the Democratic party, 
tJiat party must eschew all merely sectional tests, 
and adopt a platform in strict accordance with the 
fundamental principles of the party as heretofore 
understood. Upon such a platform only can tlie 
Democratic party of the whole country stand in 
harmony. 

[Here the hammer fell.] 



Kentucky Resolutions of 1798. 
[Original draft prepared by Thomas Jefferson.] 
Tlie following resolutions passed the House of Represent- 
atives of Kentucky. November lOlh, 1798. On the passage 
of the \st resolution, one dissentient ; 2(i, 3d, ith, 5th, 
Cifh, llh, Sth, two dissentients ; 9th, three dissentients. 
1. Resolved, That the several States composing the Uni- 
ted States of America are not united on tlie principle of 
unlimited submission to their General Government; but 
that, by compact under the style and title of a Constitution 
for the Uniled States, and of amendments thereto, they cou- 
Btituted a General Government for special purposes, dele- 
gatsd to that Government certain definite powers, reserving, 
Ciich State to itself, the residuary mass of right to their ovvii 
self-government; and that whensoever the General Gov- 
ernment assumes undelegated powers, its acts are unau- 
tlioritative, void, and of no korce; tliat to this compact 
c^ch State acceded, as a State and as an integral party; 
liiat this Government, created by this compact, was not 
made the exclusive or final judge of the extent of the powers 
delegated to itself, since that would have made its discre- 
tion, and not the Constitution, the measure of its powers ; 
but that, as in all otner cases of compact among parties 
having no conunon judge, each party has an equal right to 
judge for itself, ai well of infractions as of the mode and 
measure of redress. 

■2. Resolved, That the Constitution of the United States, 
having delegated to Congress a power to punish treason, 
counterfeiting tlie securities and current coin of the United 
States, piracies and felonies committed on the high seas, 
and offenses against the laws of nationa, and no other 
crimes whatever; and it being true, as a general principle, j 
and one of the amendments to the Constitution having also i 
declared, that "the powers not delegated to the United 
States by the Constitution, nor jirohibited by it to the 
States, are reserved to the States, respectively, or to the 
people ;" therefore, also, the same act of Congress, passed 
on the 14th day of July, 1798, and entitled "An act in ad- 
dition to the act for the punishment of certain crimes against 
tlie United States ;"' as also the act passed by them on the 
'27tli day of June, 1798, entitled " An act to punish frauds 
ooniniitted on the Hank of the United States," and aWotAej- 
of their acts which assume to create, define, or punish 
a-imcs other than those enumerated in the Constitution, are 
altogether voti) and of no force ; and that the power to 
create, define, and punish such other crimes is reserved, 
aud of right ajipertains, solely and exclusively, to the re- 
Bpective States, each witliin its own territory. 

3. Resolved, That it is true, as a general principle, and 
is expressly declared by one of tlie amendments to the Con- 
»titution, that "the powers not delegated to the United 
States by the Constitution, nor prohibited by it to the States, 
are reserved to the States, respectively, or to the people;" 
ttiid, that no power over the freedom of religion, freedom of 
speech, or freedom sf the press, being delegated to the Uni- 
ted States by the Constitution, nor prohibited by it to the 
States, all lawful powers respecting the same did of right j 
remain, and were reserved to the States or to the people; 
that thus was manifested their determination to retain to 
themselves the right of judging how far the licentiousness 
of speech and of the press may be abridged, without les- 
sening their useful freedom, and how far tliose abuses which 
cannot be i-eparated from their use should be t^^lerated, 
rather than the use should be destroyed; and thus, also, they 
guarded against all abridgment by the United States, ot the 
truedoui of religious principles and exercises, and retained 



to themselves tlie right of protecting the same, as this, stated 
by a law passed on the general deniaiid of its citizens, had 
already protectiul them from all human restraint or inter- 
ference ; and, that in addition to tiiis general principle and 
express declaration, another and more special provision has 
been made by one of the amendmeiils to the Constitution, 
which expressly declares that "Congress shall make no' 
laws respecting an establishment of religion, or prohibiting 
the free exercise thereof, or abridging the freedom of speech, 
or of the press," thereby guarding, in the same sentence, 
and under the same words, the freedom of religion, of speech 
and of the press ; insomuch, that whatever violates either, 
throws down the sanctuary which covers the other ; and that 
libels, falsehood, and defamation, equally with heresy and 
false religion, are withheld from the cognizance of federal 
tribunals. That therefore, the acl of the Consress of the 
United States, passed on the Mlh of July, 1798, entitled 
" An act in addition to the act entitled an act for the pun- 
ishment of certain crimes against the United States," 
which does abridge the freedom of the press, is not law, 
but is altogether void and of no effect. 

4. Resolved, That alien friends are under the jurisdiction 
and protection of the laws of the State wlierein they are; 
that no power over tliein has been delegated to the United 
States, nor prohibited to the individual States, distinct from 
their power over citizens; and it being true, as a general 
principle, and one of the amendments to the Constitution 
having also declared that " the powers not delegated to tha 
United States by the Constitution, nor prohibited by it to 
the States, are reserved to the States respectively, or to the 
people," the act of the Congress of the United States, 
passed the 22d day of June, 1798, entitled " An act concern- 
ing aliens," which assumes power over alien friends, not 
delegated by the Constitution, is not law, but is altogether 
VOID and of no force. 

5. Resolved, That in addition to the general principle, as 
well as the express declaration that powers not delegated 
are reserved, another and more special provision inserted 
in the Constitution, from abundant caution, has declared 
that "the migration or importation of such persons as any 
of the States now existing shall think proper to admit, shall 
not be prohibited by the Congress prior to the year 1808." 
That this Commonwealth does admit the migration of alien 
friends, described as the subject of the said act concerning 
aliens; that a provision against prohibiting their migration 
is a provision against all acts equivalent thereto, or it 
would be nugatory; that to remove them, when migrated, 
is equivalent to a piohibiton of their migration, and is, 
therefore, contrary to the said provision of the Constitution, 
and void. 

6. Resolved, That the imprisonment of a person under 
the protection of the laws of this Commonwealth, on his fail- 
ure to obey the simple order of the President to depart out of 
the United States, as is undertaken by the said act, entitled 
"An act concerning aliens,'' is contrary to fhe Constitu- 
tion — one amendment in which has provided, that '^no 
person shall be deprived of liberty without due process of 
law;'" and that another having provided, that "in all 
criminal prosecutions the accu^ed shall enjoy the right to a 
public trial by an impartial jurj ; to be intbrmed as to the 
nature and cause of the accusation ; to be confronted with 
witnesses against him ; to have compulson' process for ob- 
taining witnesses in his I'avor, and to have assistance of 
counsel for his defense" — the same act undertaking to au- 
thorize the President to remove a person out of the United 
States, who is under the protection of the law, on his own 
suspicion, without jury, without public trial, without con- 
frontation of the witnesses against him, without having 
witnesses in his favor, without defense, vnthout counsel, ia 
contrary to these provisions, also, of the Constitution, is 
therefore not law, hut utterly void, and of no force. 
That transferring the power of judging any person who is 
under the protection of the laws, from the courts to tlie 
President of the United States, as is undertaken by the same 
act concerning aliens, is against the article of the Constitu- 
tion which provides that " the Judicial power of the United 
States shall be vested in the courts, the judges of which 
shall hold their off.ce during good behavior," and that the 
said act is void for that reason also ; and it is further to be 
noted, that this transfer of judiciary power is to that mag- 
istrate of the General Government who already posses.-es 
all the executive and a qualified negative in ail the legisla- 
tive powers. 

7. Resolved, That the construction applied by the Gen- 
eral Government (as is evinced by sundry of their proceed- 
ings) to tliose parts of the Constitution of the United States 
which delegate to Congress power to lay and collect taxes, 
duties, imposts, excises, to pay the debts and provide for the 
common defense and general welfare of the United States, 
and to make all laws which sliall be necessary and proper 



6 



for carryiiiji into execution the powers vested by the Consti- 
tution in the Government of tlie United States, or any de- 
partiiieiit thereof, aoes to tlie destruction of all the limits 
prescribed to their power by the Constitution : That words 
meant by that instrument to be subsidiary only to tiie execu- 
tion of the limited powers, ou^ht not to be so construed as 
tliemselvcs to give unlimited powers, nor a part so to be 
taken as to destroy the whole residue of that instrument: 
'J'liat the proceedings of the General Government, under 
color of these articles, will be a fit and necessary subject for 
revisal and correction at a time of greater tranquillity, while 
those specified in the preceding resolutions call for immedi- 

8. Resolved, That the preceding resolutions be transmit- 
ted to the Senators and Representatives in Congress from 
tliis (Commonwealth, who are enjoined to present the same 
to their respective Houses, and to use their best endeavors 
to procure, at the next session of Congress, a repeal of the 
aforesaid unconstitutional and obnoxious acts. 

9. Resolved, lastly, That the Governor of this Common- 
wealth he, and is hereby, authorized and requested to com- 
inunicate the preceding resolutions to the Legislatures of 
the several States, to assure them that this Commonwealth 
considers union for special national purposes, and particu- 
larly for those specified in the late federal compact, to be 
frie'ndiv to the peace, happiness, and prosperity of all the 
States;' that, faithful to that compact, according to the plain 
intent and meanincin which it was understood and acceded 
to bv the several parties, it is sincerely anxious for its pres- 
ervation; that it does also believe, that to take from the 
States all the powers of self Government, and transfer them 
to a general and consolidated government, without regard 
to the special delegations and reservations solemnly agreed 
to in that compact, is not for the peace, happiness, or pros- 
peritv of these States ; and that therefore, this Common- 
wealth is determined as it doubts not its co-States are, not 
tamely to suhnit to undelegated, and consequently, unlim ■ 
ited powers, iii no man or body of men on earth; that if the 
acts before specified should stand, these conclusions would 
flow from ihem— thnt the General Government may place 
any act that they think properon the list of crimes, and pun- 
ish it themselves, whether enumerated or not by the Con- 
6titution as cognizable by them ; that they may transfer 
its eognizance"^to the President or any other person, who 
may himself he the accuser, judge, and jury, whose suspi 
cions may be the evidence, his order the sentence, his officer 
the executioner, and his breast the sole record of the trans- 
action; that a very numerous and valuable description of 
tlie inhabitants of these States being, by this precedent, re- 
duced as outlaws to the absolute dominion of one man, and 
the barriers of the Constitution thus swept from us all, no 
rampart now remains against the passions and the powers 
of a majority of Congress to protect from a like exportation 
or other grievous punishment, the minority of the same body, 
the legislatures, judges, governors, and councilors of the 
States, nor their other peaceable inhabitants, who may ven- 
ture to reclaim the constitutional rights and liberties of the 
States and people, or who, for other causes, good or bad , 
Diav be obnoxious to the view, or marked by the suspicions 
of the President, or to be thought dangerous to his or their 
elections, or- other interests, public or personal; that the 
friendless alien has been selected as the safest subject of a 
first experiment; but the citizen will soon follow, or rather 
has already followed, for already has a sedition act marked 
him as a prey; that these, and successive acts of the same 
character, unless arrcstedon the threshold, may tend to drive 
tliese States into revolution and blood, and will furnish 
new calumnies against republican governments, and new i 
pretexts for those who wish it to be believed that man can- 
not be governed but by a rod of iron; that it would be a 
dangerous delusion were a confidence in the men of our 
choice to .silence our fears for the safety of our rights ; that 
confidence is everywhere the parent of despotism— free 
government is founded in jealousy, and not in confidence: 
it is jealously, and not confidence, which prescribes limited 
constitutions, to bind down those whom we are obliged to 
trust with power; that our Constitution has, accordingly, 
fixed the limits to which, and no further, our confidence 
may go; and let the honest advocate of confidence read the 
alien and sedition acts, and say if the Constitution has not 
been wise in fixing limits to the Government it created, and 
whether we should be wise in desiroyinglhose limits .' Let 
him say what the government is, if it be not a tyranny, 
which the men of our choice have conferred on the Presi- 
dent, and the President of our choice has assented to, and ac- 
cepted, over the friendly strangers to whom the mild spirit 
of our eoiintrv and its laws had pledged hosiiitality and pro- 
tection; that' the men of our choice have more respected 
flic bare suspi<'ions of the President than the solid rights of 
innocence, the claims of justification, the sacred force of 



truth, and the forms and substances of law and justice. In 
questions of power, then, let no more be said of conhdence 
in man, but bind him down from mischief by the chains 
of tlie Constitution. That Tins Commonwealth does 
TiiRREKoRE CAM. ON ITS t'o-STATES for au expression of 
their sentiments on the acts concerning aliens, and for the 
punishment of certain crimes hereinbefore specified— plain- 
ly declaring whether these acts are or are not authonzed by 
the federal compact. And it doubts not that their sense will 
be so announced as to prove their attachment to limited gov- 
ernment ; whether general or particular, and that the rights 
and libertiesof their CO Stales will be exposed to no dangers 
by remaining embarked on a common bottom with their 
own ; but they will concur with this Commonwealth in corv- 
sideringthe said acts as so palpably against the Constitution 
as to amount to an undisguised declaration that the compact 
is not meant to be the measure of the powers of the General 
Government, hut that it will proceed in the exercise, over 
these States, of all powers whatever. That they will view 
this as seizing the rights of the States, and coiisolidaling 
1 thein in the hands of the General Government, with a pow- 
' er assumed to hind the States," (not merely in cases made 
! federal, but in all cases whatsoever,) by laws made, not 
1 with their consent, but by others againsttheir consent, tjial 
1 this would be to surrender the form of government we havB 
i chosen, and live under one deriving its powers from its own 
I will, and not from our authority; and that the co-States, 
\ recurring to their natural rights in cases not made federal, 
I will concur in declaring these acts void and of no force, 
\ and will each unite with this Commonwealth in requesting 
their repeal, at the next session of Congress. 

Edmund Bullock, S. H. R. 
John Campbell, S. S. P. T. 
Passed the House ofRepresentatives, November, 10, 179a 
T^ttest: Thos. Todd, 0. H. R. 

In Senate, Novemher, 13, 1798— unanimously concurred 



Attest : 



B. Thruston, C. S. 



Approved, Novemher ]!).''i, 1798. 

James Garrard. 



Bv the Governor: 



Govenror of Kentucky. 
Harry Toulmin, Seci-et.iry of State. 



The Virginia Resolutions of 1798. 

[drawn np BY JAMES MADISON.] 

In the Virginia House of Delegates, 

Friday, December ^l, 1798. 
Resolved, That the General Assembly of Virginia doth 
unequivocally exi)ress a firm resolution to maintain and 
defend the Constitution of the United States, and the con- 
stitution of tliis State, against every aggression, either for- 
eign or domestic; and that they will support the Government 
of the United States in all measures warranted by the former. 
That this Assembly most solemnly declares a warm at- 
tachment to the Union of the States, to maintain which, it 
pledges its powers; and that for this end, it is their duty to 
watch over and oppose every infraction of those principles 
which constitute the only basis of that Union, because a 
faithful observance of them can alone secure its existence 
and the public happiness. 

That this Assembly doth explicitly and peremptorily di-- 
clare. that it views the powers of the Federal Government 
as resulting from the compact to which the States are par- 
ties, as limited bv the plain sense and intention of the instru- 
ment constituting that compact, as no further valid than 
they are authorized by the grants enumerated in that com- 
pact; and that in case of a deliberate, palpable, and danger- 
ous exercise of other powers, not granted by the said com- 
pact, the States, who are parties thereto, have the right, 
and are in duty bound, to interpose, forarresting the )irog- 
ress of the evil and for maintaining within their resppctive 
limits, the authorities, rights, and hberties, appertaining to 
them. 

That the General Assembly doth also express its deep re- 

<rret that a spirit has, in sundry instances, been manilesteii 

bv the Federal Government, to enlarge its powers by forced 

constructions of the constitutional charter which defines 

tliom; and that indications have appeared of a de-ign to 

expound certain general phrases, (which having been 

copied from the very liiiiited grant of powers in the iormcr 

I articles of confederation, were the less liable to be mis- 

i construed,) so as to destroy the meaning and effect o.ths 

particular enumeration wiiieh necessarily explains am lim- 

! its the general phrases, and so as to consoluU-.tc the btates, 

I In, decrees, into one sovereis;nty, the obvious tendency and 

: inevitable result of which would be to transform the present 



rcjniblican system of the United Slater into an absolute, or 
at best, a mixed monarcliy. 

'J'liat tlic General Assomlily doth particularly protest 
nsairist Iho iialpalilc and alarniins infractions ot'lim Consti- 
tution, in tlic two late cases oiiIk! " alien and sudiliou act.s," 
passed at the Ui^t session of Congress; the first of which ex- 
ercises a power nowhere delc;;ated to the Federal Goveru- 
Jncnt, and vvhicli, by uniting legislative and judicial powers 
to those of executive, tuhverts the general principles of 
free governinent, as well as the particular organization and 
positive provisions of the Federal Constitution; and the other 
of which acts (exercises, in like manner, n power not dele- 
gated hy the Constilulion, but, on the coTitrary, expressly 
ond positively forbidden by one of the aniendnienls thereto; 
8 power which, more than any other, ought to produce 
universal alarm, because it is leveled against the right of 
freely examining public characters and measures, and oi' 
free conjmunication among the people thereon, which has 
ever bccji jnsUy deenied the only eft'ectual guardian of 
every otlnr ri<,'ht. 

Tlint this State having, by its Convention which ratified 
tlie Federal Constitution, expressly declared tliat, among 
other essential rights, "the liberty of conscience and tlic 
press cannot be canceled, abrid^'cd," restrained, or modified, 
by any authority of tlie United States," and from its cx- 
ti-eme anxi(rty to guard thiiso rights from every possible 
attack of sophistry and ambition, having, with oilier States, 
recoM)inended an amendment lor that purpose, which 
RuieMdment was, in due time, annexed to the Constitution, 
it would mark a reproachful inconsistency, and criminal 



degcrneracy, if an imliflerenee were now shown to the most 
palpable violation of om; of the rights thus declared and 
secured ; and to the establishment of a precedent which 
ma^ be fatal to the other. 
j '1 hat the good people of this Commonwealth, having ever 
fell, and continuing to feel, the most sincere allection for 
the brethren of the other States; the truest anxiety for es- 
tablishing and perpetuating the union of all; and the most 
scrupulous fidelity to that '(.'onstitution which is the pledge 
i of mutual friendship, and the Instrument of mulual hnppi- 
, liess; the General Assembly doth solemnly appeal to the like 
, dispositions in the other States, in confidence that they 
I will concur with this Commonwealth in declaring, an it 
[ docs hereby declare, that the acts aforesaid are i;nconsti- 
I TUTioNA!.;'and that the necessary and proper measures will 
be taken bij each for cooperating with this State in main- 
I taining unimpaired the authorities, rights, and liberties, 
I reserved to the States respectively, or to the people. 

That the Governor he desired to transmit a copy of the 
foregoing resolutions to the executive authority of each of 
the other States, with a request that the same may be com- 
municated to the Legislature thereof; and that a copy be 
furnished to each of tlie Senators and Jteprcsentatives rep- 
resenting this State in the Congress of the United States. 
Attest: JOHN STEWART. 

Agreed to by the Senate, December 24th, 1798. 

II. BROOKE. 
A true copy from the original deposited in the office of the 
General Assembly. 

JOHN STEWART, Keeper of the Rolls. 



Printed at the Congressional Globe Office, Washington, 



